Israel Refuses to Charge AbuSisi, Extends Detention, Family to File European Court of Human Rights Complaint

Today, the Israeli authorities held a hearing on the case of Dirar Abusisi, kidnapped by the Mossad from Ukraine last month, brought to Israel by rendition, and imprisoned there for unspecified reasons while being interrogated intensively by the Shabak. Though Israeli media sources reported that the security services and prosecutor would announce charges against him “in the coming days,” they did not do so today. Instead, after interrogating him for 34 consecutive days, they came to the court hearing with nothing. Here is what his attorney, Smadar Ben Natan reports:

The state came today with a request to extend the detention in additional 8 days, this was supported by an approval of the senior state attorney, Shay Nitzan, and with the explanation that the prosecution went through the evidence material and asked for 8 additional actions in order to complete the investigation.

We argued that if the state does not have enough evidence after 34 days of interrogation, where they should have had evidence to justify the outrageous arrest even before [it occurred], Derar should be released and returned to Ukraine. They were trying to justify the arrest by making him confess [to their] accusations.

The court allowed the detention until next Thursday.

Derar looked very tired and complained that he can’t stand it anymore and that they are just repeating the same questions over and over again, and trying to break him.

Abusisi's attorneys, Smadar Ben Natan on left (George Ginsburg)

Dirar has lost weight during his ordeal. The food he is provided is unpalatable. The questioning is abusive at the very least.

I would ask any supporter of Israel, including those who disagree with my views: what good can possibly come of an outrageous breach of human rights like this? Is this the way you choose to allow your security services to operate?

So let’s say Dirar is the worst you can conceive. If you want to kidnap him and render him to Israel wouldn’t you have a case against him before doing so? In what kind of legal system do you arrest someone before having such a case built, and then attempt to figure out what to charge him with based on what he tells you during interrogation?

And let’s say he tells you something new you didn’t know during interrogation. Surely, you can file a basic charge and then amplify it with what you learn later. The fact that they have refused to file any charge at all is outrageous. The fact that they come and demand an extension is equally outrageous.

I’m just attempting to understand (though it is difficult, admittedly) the thinking of the secret police and those who aid and abet them in the Israeli legal system. Surely, this can’t be a model that any democratic country can hold up for praise.

I’ll tell you what all of this makes me believe: there is no case against Dirar. At least nothing sufficient to the charges they’d prefer to bring. Possibly Dirar is holding up better than they expected under the brutal forms of interrogation Shabak uses in such cases. They may’ve expected him to give them enough to bring such charges. At any rate, since you won’t charge him, free him. That has to be our demand.

Even if Israel frees him and returns him to Ukraine, it can still request extradition from that country and then prosecute legally using legitimate evidence in a trial that features due process, unlike the charade currently on parade. I’m sure Ukraine would be only too happy to oblige given their acquiescence in every Israeli depredation involving this case.

I urge the Israeli human rights community to protest outside Petah Tikvah court next Thursday to hold the security forces feet to the fire. Demand accountability. Deny impunity. Smadar also told me that there was a huge press gaggle outside the courtroom and she was interviewed by CNN, which promised a story. The Israeli press was out in full force and has finally decided it can cover a story it should’ve been aggressively pursuing a month ago. All of this is good for Dirar. As I’ve written here before, the security apparatus loves the dark and shuns the light. Light sends them cowering back into the shadows. Or at least forces a tactical retreat.

Veronika Abusisi, Dirar’s wife, who is in Ukraine, is pursuing legal remedies within that country, demanding that the government disclose what role it played in the kidnapping. She plans to file a court case. After the case goes through the rather discredited Ukrainian legal system, Yousef, Dirar’s brother, who is a Dutch citizen, would have recourse to the European Court of Human Rights in Strasbourg, where he plans to bring a complaint against Ukraine.

The Ukranian authorities might want to consider what impact this might have on their attempts to showcase their country as a model of European openness and accountability. I’ve mentioned the European Cup championship to be hosted by that country in 2012 and the multi-million dollar ad campaign attempting to bring hundreds of thousands of soccer tourists to pump hundreds of millions of dollars into the local economy. Trampling on the rights of foreign nationals who have come to Ukraine to apply for citizenship can’t help that process.

To rectify their misdeeds, I’d urge the Ukrainian Interior Ministry to approve Dirar’s application for citizenship and demand his return to Ukraine. Then, as far as I’m concerned bygones can be bygones.

So far, the Ukrainian authorities haven’t acquitted themselves very well. The Interior Ministry and security services rather lamely denied any knowledge or complicity in the kidnapping saying it was against Ukrainian law for any agent of the state to cooperate in such an action. As if, that would prevent anyone from doing such given the right incentive, whether monetary or political. A Ukrainian anti-immigrant crusader, Eduard Bagirov, who appears to be either an overt or covert mouthpiece of the authorities even posted the claim that Abusisi was really a Mossad double agent inside Gaza. In order to protect him from exposure, the Mossad arranged for him to travel to Ukraine, took him, and brought him back to Israel. A rather extraordinary level of imaginative powers is required to wrap one’s mind around that one. But this tell you the level of desperation these people face in covering up their dirty deeds.

The various intelligence agencies around the world have a ratings system whereby they try and work out the threat level of various people and groups. The Israeli security services would not target someone willy nilly. Most of those targeted by Mossad et al. are not boy scouts. The issue about sovereignty re. Ukraine is important, but if a neighbour is not aware that their tenant is planning mischief for the neighbourhood then it is wise to do something about it. The balancing act right now for the Israelis is to pursue peacemaking whilst at the same time mitigating potential acts of violence. This multitasking role is very difficult and requires nuance and nous. Facile criticism of the people who are trying to perform this security juggling act is just that, facile.

I said you were Chabad all along & you conveniently ducked the issue. But yr political-theological affiliations are now clear. Israeli security services would not target someone willy nilly. Most of those targeted by Mossad et al. are not boy scouts. You don’t have a clue what you’re talking about. Of course they target people & their motivations for doing so are often completely opaque. As for “boy scouts,” I’ve reported on many who work for NGOs whose work would never bring them under scrutiny in a western democracy. Ameer Makhoul certainly was as close to a Boy Scout as you could get. Nine years in prison. What did he do? YOu’ll never find out. if a neighbour is not aware that their tenant is planning mischief for the neighbourhood then it is wise to do something about it So you’re completely unsubstantiated claim is that Abusisi was planning “mischief” in Ukraine which was why Israel kidnapped him. How lame can you be? Do you have ANY evidence or anything credible on which to base such a claim? Of course you don’t. mitigating potential acts of violence Oh, you mean “mitigation” like killing four kids playing soccer in Gaza yesterday? As for “potential” acts of violence, Israel has plenty of actual acts of violence of which it can boast. This multitasking role is very difficult and requires nuance Nuance is something in short supply for the IDF & secret police in Israel. Facile criticism of the people who are trying to perform this security juggling act I’d like to show you pictures of Dirar Abusisi doing a juggling act while under Shabak interrogation as they tip his chair backwards with him tied to it. Now that’s acrobatics. Many people in the media exercise power without responsibility. People in the media… Read more »

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7 years ago

Leonid Levin

Adam, if someone poses a threat, why not just ask the other country to arrest him and then request extradition. Ukraine would be willing to oblige. Remember the case of Israeli surgeon Michael Zis, who was successfully extradited from Ukraine to Israel on charges of organ trafficking in 2009.

If Dirar Abu Sisi posed a real security threat, then they would surely have a case against him and legal extradition would be the way to go. I don’t understand why they would need to kidnap him and hold in detention for such a long time without bringing any charges.

I find that Richard is exercising his responsibility as journalist and citizen in questioning the murky dealings of security organizations that seem to be accountable to nobody. Suppose something like this happened to you or any of your family. Wouldn’t you wish that someone like Richard would stand up for your rights?

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7 years ago

eileendoret

20 STEPS TO STOP WAR in PALESTINE NOW

1. STOP the killing of children – Israeli or Palestinian!
2. STOP the killing of civilians – Palestinian or Israeli!
3. STOP suicide bombings & rocket attacks!
4. STOP white phosphorus as illegal weapon
5. STOP the illegal expropriation of land!
6. STOP the illegal settlement on occupied territory!
7. STOP the importation of arms from US or Iran!
8. STOP the propaganda from foreign embassies!
9. STOP claiming democracy when corruption is rife!
10. STOP the torture of political or other prisoners!
11. STOP all state-sponsored assassinations!
12. STOP using forged passports to kill enemies abroad!
13. STOP the killing of passengers on the high seas!
14. STOP foodstuffs not clearly marked with country of origin!
15. STOP cluster bombs used to contaminate other countries!
16. STOP export of arms to repressive regimes worldwide!
17. STOP Jerusalem not remaining an international city!
18. STOP the building of secret nuclear weapon arsenals!
19. STOP the refusal of IAEA inspection of WMD stockpiles!
20. STOP alleged war criminals evading trial before the ICC!

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7 years ago

Leonid Levin

Richard, Ukraine as a model of European openness and accountability is a big joke. My wife comes from Ukraine and her family still live there. In my opinion it can best be characterized as a country in which the rule of money and powerful personal connections prevails over the rule of law by a huge margin, just like most of the other countries of the former Soviet Union.

He’s quoted as saying things that are quite damaging to Abusisi as well as false & just plain bizarre. Can you imagine Abusisi as Mossad double agent? Well, apparently Bagirov can. I can’t believe a true human rights activist would say what he appears to have said here (this is a realtively poor Google Translate version–I’ll append the Russian as well): According to the chairman of the International League for the Protection of the rights of citizens of Ukraine, Eduard Bagirov, chances to win in court Veronica Abu Sisi is small: “As evidence of its claims, it will be obliged to provide documents that asked our state agencies to ensure the safety of her husband before his disappearance. And so far as I know, it was not. ” We also recall that shortly after the disappearance of the engineer a number of Ukrainian embassies abroad have received anonymous letters demanding the immediate release of Dirar Abu Sisi, and threats of terrorist attack. But the domestic intelligence agencies suspect that the author of letters is not Hamas. “We do not exclude that the engineer was an agent of the Mossad (Israeli intelligence) to Hamas, they say. When Hamas in its suspected Mossad has decided to take him to Israel. But first, sent him to the Ukraine to “throw a switch” on our country. And for the more convincing and even threw in anonymous embassy. ” Source По словам председателя Международной лиги по защите прав граждан Украины Эдуарда Багирова, шансы выиграть суд у Вероники Абу-Сиси невелики: «В качестве доказательств своих претензий она будет обязана предоставить документы о том, что просила наши госорганы обеспечить безопасность ее мужа еще до его исчезновения. А этого, насколько мне известно, не было». Напомним также, что вскоре после исчезновения инженера ряд украинских посольств за рубежом получили анонимки с… Read more »

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7 years ago

Leonid Levin

Richard, I carefully read the quotes in the Russian-language source that you’ve provided. The first quote is indeed by Eduard Bagirov. The last one is actually attributed by the author of the article to the Ukrainian intelligence services. Note the sentence preceding the quote and the phrase “they say” in the quote. This phrase should have been outside the quote signs, but punctuation was sloppy in the Russian source. A better translation would be something like this:

But domestic intelligence agencies suspect that the aughor of the letters is not Hamas. “We do not exclude that the engineer was a Mossad agent within Hamas”, they say. “When Hamas started to suspect him, Mossad decided to take him to Israel. But they first sent him to Ukraine, in order to implicate our country. To give this more credibility, they even sent the anonymous letters to the embassies.”

I don’t know how reliable this report is. They don’t mention any sources in the intelligence agencies. Bagirov is only saying that it will be difficult for Veronika to win the court battle.

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7 years ago

Dorothy Naor

In democracies individuals are innocent unless proven guilty, but in Israel, which is no democracy, innocent people are often imprisoned without being charged–as in administrative detention–or, if charged, by being falsly charged, as with Tali Fahima, who at the beginning of her trial was said to have committed treason, but which was eventually dropped because there was no proof. In Israel people can be held for years under administrative detention with no one except the accuser and the judge knowing what the charge is. In Israel it is enough for a Palestinian to belong to the ‘wrong’ party to be charged. It is enough to share a room with someone who belongs to the wrong party to be charged–guilty by means of association! It is enough to do something that the military or civil government do not like (as, for instance, making a movie that the establishment disapproves–e.g.,’Jenin Jenin’) for a person to be accused of some crime. But, then, as I said in the beginning, Israel is no democracy.

It is very easy to sit back in the comfort of a western home and cast dispersions on various security services trying to protect their citizens. The State of Israel and many other nations are facing threats on many fronts. For the life of me I haven’t read any reports about Jewish or Christian suicide bombers lately. Trying to defend yourself and unfortunately inflicting harm on innocent people is entirely different to purposefully setting out to kill or maim someone.

“People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.”

There haven’t been any reports about Palestinian suicide bombers recently, either.

There has, however, been a savage knife attack on Mahmoud Awad, a Palestinian man from a village south of Hebron. The attck was carried out by a settler. It barely made a ripple in the Israeli news. This is a threat faced by Palestinians every day of the week. They have no one to protect them, and when Israeli justice and peace activists go to the affected villages simply to show solidarity, they often get arrested. This happened today. Sixteen members of Ta’ayush were arrested; they are being detained overnight. A bunch of unarmed activists who show their support for dispossessed and terrified Palestinians through ecological work. This is your threat.

This is not rare. This is part of life here in Palestine. It’s easy to sit in the comfort of an Israeli home and talk about how threatened you are – you, with the most powerful military in the Middle East – but it rings hollow to those of us on the other side of the wall. I don’t doubt that you genuinely feel frightened, but your fear is no reason for other human beings to be treated in this way. And living in a highly militarised police state just creates more fear, it doesn’t negate it.

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